THE CHILD LABOUR (Prohibition and Regulation) ACT, 1986

THE CHILD LABOUR (Prohibition and Regulation) ACT, 1986

THE CHILD LABOUR
(Prohibition and Regulation) ACT, 1986


IOBJECT:
To prohibit the engagement of children in certain employment’s and to regulate the conditions of work or children in certain other employment’s.
DEFENITION:
Child: Child means a person who has not completed his fourteen years of age.
IIAPPLICABILITY: In extends to the whole of India.
IIIPROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES:
No child shall be employed or permitted to work in any of the following occupations: Set forth in part of ‘A’ of the schedule or in any workshop where in any of the process set forth in part ‘B’ of the schedule to this Act.

1. Transport of passengers, goods; or mails by railway.
2. Cinder picking, clearing of an ash pit or building operation in the railway premise.
3. Work in a catering establishment at a railway station, involving the movement of vendor or any other employee of the establishment from one platform to another or into or out of a moving train.
4. Work relating to the construction of railway station or with any other work where such work is done in close proximity to or between the railway lines.
5. The port authority within the limits of any port.
6. Work relating to selling of crackers and fireworks in shops with temporary licenses
7. Abattoirs/slaughter Houses
8. Automobile workshops and garages.
9. Foundries
10. Handling of taxis or inflammable substance or explosives
11. Handloom and powerloom industry
12. Mines (Under ground and under water) and collieries
13. Plastic units and Fibre glass workshop

OR
In any workshop wherein any of the following processes is carried on.

1 Beedi making
2 Carpet Weaving
3 Cement manufacture including bagging of cement.
4 Cloth printing, deying and weaving.
5 Manufacture of matches, explosive and fire works.
6 Mica cutting and splitting.
7 Shellac manufacture
8 Soap manufacture
9 Tanning.
10 Wool cleaning
11 Building and construction industry
12 Manufacture of slate pencils (including packing)
13 Manufacture of products of agate
14 Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos (Section-3)
15 All Hazardous prossess an defined in section 2(cb) and dangerous operations as notified in ruler made under section 87 of the factories Act 1948.
16 Printing (as defined in section 2(k) of the factories Act 1948
17 Cashew and cashew nut descaling and processing
18 Soldering process in electronic industries.
19 Agarbathi manufacturing
20 Automobile repairs and maintenance (namely welding lather work , dent beating and printing)
21 Brick kilns and Roof files units
22 Cotton ginning and processing and production of hosiery goods
23 Detergent manufacturing
24 Fabrication workshop (ferrous and non-ferrous)
25 Gem cutting and polishing
26 Handling of chromites and manganies ores
27 Jute textile manufacture and of coir making
28 Lime kilns and manufacture of lime
29 Lock making
30 Manufacturing process having exposure to lead such as primary and secondary smelting, welding etc. ( See item 30 of part B process)
31 Manufacture of glass, glass ware including bangles fluorescent tubes bulbs and other similar glass products.
32 Manufacturing of cement pipes, cement products, and other related work.
33 Manufacture of dyes and dye stuff
34 Manufacturing or handling of pesticides and insecticides
35 Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo enlarging and soldering processes in electronic industry
36 Manufacturing of burning coal and coal briquette
37 Manufacturing of sports goods involving to synthetic materials, chemicals and leather
38 Moulding and processing of fiberglass and plastics
39 Oil expelling and refinery
40 Paper making
41 Potteries and ceramic industry
42 Polishing, moulding, cutting welding and manufacture of brass goods in all forms.
43 Process in agriculture where tractors, threshing and harvesting machines are used and chabt cutting
44 Saw mill all process
45 Sericulture processing
46 Skinning dyeing and process for manufacturing of leather and leather products
47 Stone breaking and stone crushing
48 Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
49 Tyre making repairing, re-trading and graphite beneficiation
50 Utensils making polishing and metal buffing
51 Zari Making (all process)
IVCHILD LABOUR TECHNICAL ADVISORY COMMITTEE:
The central government may by notification constitute a child Labour technical advisory committee to advise the central govt. for the purpose of addition of occupations to the schedule of the Act. (Section-5).
VHOURS AND PERIOD OF WORK:
No child shall be required or permitted to work in any establishment in excess of number of hours prescribed (Section-7) In Kerala the working hours in limited to four and half hours in a day. (Rule -3).

The period of work on each day shall not exceed three hours and no child shall work for more than three hours before he has had an interval for rest for at least one hour. No child shall be permitted or required to work between 7 P.m. and 8 a.m.

No child shall be required or permitted to work overtime. (Section-7).
VIWEEKLY HOLIDAY:
Every child shall be allowed in each week a holiday of one whole day. (Section-8).
VIINOTICE TO INSPECTOR:
Every occupier shall within 30 days send a written notice in Form-A to the inspector within whose local limits the establishment is situated. (Section-8 read with Rule-4).
VIIIDISPUTES AS TO AGE:
If any question arises between an inspector and an occupier as to the age of any child, in the absence of a certificate in Form-C as to the age of such child granted by the prescribed medical authority, be referred by the inspector for decision to the prescribed medical authority. ( A govt. medical officer not below the rank of an Assistant surgeon of a district or on officers having equivalent rank in ESI Dispensaries or hospitals (Section-10 read with Rule -16)
IXREGISTERS:
Every occupier of an establishment shall maintain a register in respect of children employed or permitted to work at the establishment in F orm-B. (Sect.II read with Rule-15)
XDISPLAY OF NOTICE:
Every occupier shall display in the establishment the abstract of section-3 and 14 in form-D of the Act (Section 12 read with Rule -17)
XIPENALITIES:
Violations under Section-3 shall be punishable with imprisonment which shall not be less than three months which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. Continuing offence under section (3) shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

Any other violations under the Act shall be punishable with simple imprisonment, which may extend to one month or with fine, which may extend to ten thousand rupees or with both.
XIIWHO CAN FILE PROSECUTIONS:

1. Any person

2. Police Officer

3. Inspector appointed under the Act


No. court inferior to that of a metropolitan Magistrate or a Magistrate of the First Class shall try any offence under this Act. (Section-16)

Shall be a Government Medical Officer not below the rank of an Assistant Surgeon of a district or an officer of equivalent rank employed on a regular basis in Employees State Insurance dispensaries or hospitals.

17. Abstract of the Act.- An abstract of sections 3 and 14 of the Act shall be displayed in form D suspended to these rules (Rule 17)




























THE MINIMUM WAGES ACT, 1948

THE MINIMUM WAGES ACT, 1948


THE MINIMUM WAGES ACT, 1948
ACT NO. 11 OF 1948 1*

[15th March, 1948.]

An Act to provide for fixing minimum rates of wages in certain
employments.

WHEREAS it is expedient to provide for fixing minimum rates of
wages in certain employments;

It is hereby enacted as follows:--

1. Short title and extent.-

(1) This Act may be called the Minimum Wages Act, 1948.

(2) It extends to the whole of India 2*.

2. Interpretation.- In this Act, unless there is anything repugnant in the subject context,--

3*[(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year;

(aa) "adult" means a person who has completed his eighteenth year of age;]

(b) "appropriate Government" means,--

(i) in relation to any scheduled employment carried on by or under the authority of the 4*[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 5*[a Central Act], the Central Government, and

(ii) in relation to any other scheduled employment, the State Government;

6*[(bb) "child" means a person who has not completed his fourteenth year of age;]

(c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification;

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1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. and Union Territory of Goa, Daman and Diu by Notification No. G.S.R. 436, dated 16-4-1973, Gazette of India, Pt. II, Sec. 3(i), p. 875.
This Act has been amended in Uttar Pradesh by Uttar Pradesh Act 20 of 1960 (w.e.f. 1-1-1960). Bihar by Bihar Act 3 of 1961, Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of 1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of 1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.

2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).

3. Subs. by Act 61 of 1986, s. 23.

4. Subs. by Act 30 of 1957, s. 2, for "Central Government, by a railway administration".

5. Subs. by the A. O. 1950, for "an Act of the Central Legislature".

6. Ins. by Act 61 of 1986, s. 23.


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(d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment;

(e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of
which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26,--

(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under 1*[clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory;

(ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;

(iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;

(iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;

(f) "prescribed" means prescribed by rules made under this Act;

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1. Subs. by Act 26 of 1954, s. 2, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934".


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(g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment;

(h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms
of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 1*[and includes house rent allowance], but does not include--

(i) the value of--

(a) any house-accommodation, supply of light, water, medical attendance, or

(b) any other amenity or any service excluded by general or special order of the appropriate Government;

(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of
social insurance;

(iii) any travelling allowance or the value of any travelling concession;

(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his
employment; or

(v) any gratuity payable on discharge;

(i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 2*[Union].

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1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A. O. 1950 for "Crown".



3. Fixing of minimum rates of wages.-
1*[(1) The appropriate Government shall, in the manner hereinafter provided,--

2*[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27:

Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing

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minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;]

(b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary:

3*[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing
contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.]

(1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole
State less than one thousand employees engaged in such employment, but if at any time, 4*** the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 5*[as soon as may be after such finding].]

(2) The appropriate Government may fix,--

(a) a minimum rate of wages for time work (hereinafter
referred to as "a minimum time rate");
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1. Subs. by Act 26 of 1954, s. 3, for sub-section (1).
2. Subs. by Act 31 of 1961, s. 2, for cl. (a).
3. Added by Act 30 of 1957, s. 3.
4. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.
5. Subs. by s. 2, ibid., for certain words.


(b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate");

(c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate");

(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate").

1*[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National
Tribunal under the Industrial Disputes Act, 1947 (14 of 1947.) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the


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notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the
rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in
respect of that employment during the said period.]

(3) In fixing or revising minimum rates of wages under this section,--

(a) different minimum rates of wages may be fixed for--

(i) different scheduled employments;

(ii) different classes of work in the same scheduled employment;

(iii) adults, adolescents, children and apprentices;

(iv) different localities;

2*[(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:--

(i) by the hour,
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1. Ins. by Act 31 of 1961, s. 2.
2. Subs. by Act 30 of 1957, s. 3, for the original clause, excluding
the provison.



(ii) by the day,

(iii) by the month, or

(iv) by such other larger wage-period as may be prescribed;

and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:]

Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.


4. Minimum rate of wages.-

(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled
employments under section 3 may consist of--

(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or

(ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or

(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.


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(2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government.


1*[5. Procedure for fixing and revising minimum wages.-

(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either--

(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or


1. Subs. by Act 30 of 1957, s. 4, for the original section.

(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.

(2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise


provides, it shall come into force on the expiry of three months from the date of its issue:

Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also.]


6. [Repealed.]


6. [Advisory committees and sub-committees.]-Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), s. 5.

7. Advisory Board.- For the purpose of co-ordinating the work of 1*[committees and sub-committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.

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8. Central Advisory Board.-

(1) For the purpose of advising the Central and State Governments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory Boards, the Central Government shall appoint a Central Advisory Board.

(2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government.


9. Composition of committees, etc.-
Each of the committees, sub-committees 2*** and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman by the appropriate Government.


3*[10. Correction of errors.- (1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical

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1. Subs. by Act 30 of 1957, s. 6, for "committees, sub-committees, advisory committees and advisory sub-committees appointed under sections 5 and 6".

2. The words "advisory committees, advisory sub-committees" omitted by s. 7, ibid.

3. Subs. by s. 8, ibid., for the original section.

mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission.

(2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information.]


11. Wages in kind.-

(1) Minimum wages payable under this Act shall be paid in cash.

(2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind.


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(3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concession rates.

(4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner.


12. Payment of minimum rates of wages.-

(1) Where in respect of any scheduled employment a notification under section 5 1*** is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed.

(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

13. Fixing hours for a normal working day, etc.-2*[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may--

(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals;

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1. The words and figures "or section 10" omitted by Act 30 of 1957, s. 9.
2. S. 13 re-numbered as sub-section (1) of that section by s. 10, ibid.



(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;

(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

1*[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed :--

(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented;

(b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

(c) employees whose employment is essentially intermittent;

(d) employees engaged in any work which for technical reasons has to be completed before the duty is over;


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(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.]


14. Overtime.-

(1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.

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1. Added by Act 30 of 1957, s. 10.


(2) Nothing in this Act shall prejudice the operation of the provisions of 1*[section 59 of the Factories Act, 1948 (63 of 1948) ] in any case where those provisions are applicable.


15. Wages of worker who works for less than normal working day.- If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period
less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day:

Provided, however, that he shall not be entitled to receive wages for a full normal working day--

(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and

(ii) in such other cases and circumstances as may be prescribed.


16. Wages for two or more classes of work.-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.




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17. Minimum time rate wages for piece work.- Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.


18. Maintenance of registers and records.-

(1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed.

(2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars.

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1. Subs. by Act 26 of 1954, s. 4, for "section 47 of the Factories Act, 1934".



(3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.


19. Inspectors.-

(1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions.

(2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed--

(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection;

(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein;



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(c) require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;

1*[(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and]

(e) exercise such other powers as may be prescribed.

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1. Subs. by Act 30 of 1957, s. 11, for the original clause.



(3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

1*[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).]


20. Claims.-

(1) The appropriate Government may, by notification in the Official Gazette, appoint 2*[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 3*[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area.

(2) 4*[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to
act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3):

Provided that every such application shall be presented within six months from the date on which the minimum wages 3*[or other amount] became payable:

Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.

5*[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any,

---------------------------------------------------------------------

1. Ins. by Act 30 of 1957, s. 11.
2. Subs. by s. 12, ibid., for "any Commissioner for Workmen's
Compensation or".
3. Ins. by s. 12, ibid.
4. Subs. by s. 12, ibid., for "Where an employee is paid less than the minimum rates of wages fixed for his class of work under this Act".
5. Subs. by s. 12, ibid., for the original sub-section.



12




as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct--

(i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;

(ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees,

and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.]

(4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application.

(5) Any amount directed to be paid under this section may be recovered--

(a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a
Magistrate, or

(b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

(6) Every direction of the Authority under this section shall be final.

(7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).


21. Single application in respect of a number of employees.-

(1) 1*[Subject to such rules as may be prescribed, a single application] may be presented under section 20 on behalf or in respect

---------------------------------------------------------------------

1. Subs. by Act 30 of 1957, s. 13, for "A single application".


of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section
(3) of section 20 shall not exceed ten times the aggregate amount of such excess 1*[or ten rupees per head, as the case may be].

(2) The Authority may deal with any number of separate pending applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly.



13




2*[22. Penalties for certain offences.- Any employer who--

(a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or

(b) contravenes any rule or order made under section 13,

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both:

Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20.

22A. General provision for punishment of other offences.- Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees.

22B. Cognizance of offences.- (1) No Court shall take cognizance of a complaint against any person for an offence--

(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer

---------------------------------------------------------------------

1. Added by Act 30 of 1957, s. 13.
2. Ss. 22 to 22F subs. by s. 14, ibid., for the original s. 22.



authorised by it in this behalf has sanctioned the making of the complaint;

(b) under clause (b) of section 22 or under section 22A except on a complaint made by, or with the sanction of, an Inspector.

(2) No Court shall take cognizance of an offence--

(a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant of sanction under this section;



14




(b) under section 22A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

22C. Offences by companies.-

(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals, and

(b) "director" in relation to a firm means a partner in the firm.


22D. Payment of undisbursed amounts due to employees.- All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the

employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.


22E. Protection against attachment of assets of employer with Government.-Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or



15




liability incurred by the employer towards any employee employed in connection with the contract aforesaid.


22F. Application of Payment of Wages Act, 1936, to scheduled employments.- (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936). the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification.

(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.]


23. Exemption of employer from liability in certain cases.- Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court--

(a) that he has used due diligence to enforce the execution of this Act, and

(b) that the said other person committed the offence in question without his knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged:

Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution.


24. Bar of suits.-
No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed--

(a) forms the subject of an application under section 20 which has been presented by or on behalf of the
plaintiff, or

(b) has formed the subject of a direction under that section in favour of the plaintiff, or



16





(c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or

(d) could have been recovered by an application under that section.


25. Contracting out.- Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or
any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act.


26. Exemptions and exceptions.-

(1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 1*[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.

2*[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 1*[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class 1*[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the
Official Gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.]


---------------------------------------------------------------------
1. Ins. by Act 30 of 1957, s. 15.
2. Ins. by Act 26 of 1954, s. 5.



(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.

Explanation.--In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister.



27. Power of State Government to add to Schedule.- The appropriate Government, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.



17




28. Power of Central Government to give directions.- The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.


29. Power of the Central Government to make rules.- The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules1* prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board.


30. Power of appropriate Government to make rules.- (1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may--

(a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, sub- committees, 2*** and the Advisory Board;


---------------------------------------------------------------------

1. For the Minimum Wages (Central) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 781.
2. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16.



(b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter of the enquiry before the committees, sub-committees, 1*** and the Advisory Board;

(c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates;

(d) prescribe the time and conditions of payment of, and the deductions permissible from, wages;

(e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act;

(f) provide for a day of rest in every period of seven days and for the payment of remuneration in respect of such day;



18




(g) prescribe the number of hours of work which shall constitute a normal working day;

(h) prescribe the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day;

(i) prescribe the form of registers and records to be maintained and the particulars to be entered in such
registers and records;

(j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating
entries in wage books and wage slips;

(k) prescribe the powers of Inspectors for purposes of this Act;

(l) regulate the scale of costs that may be allowed in proceedings under section 20;

(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and

(n) provide for any other matter which is to be or may be prescribed.


---------------------------------------------------------------------

1. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16. 216D



1*[30A. Rules made by Central Government to be laid before Parliament.- Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]


2*[31. Validation of fixation of certain minimum rates of wages.-
Where during the period--

(a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or

(b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or



19




(c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961),

minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957, (30 of 1957) or the Minimum Wages (Amendment) Act, 1961, (31 of 1961) as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed:

Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.]

---------------------------------------------------------------------
1. Ins. by Act 31 of 1961, s. 3.
2. Subs. by s. 4, ibid., for s. 31.






THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
No.31 of 1959


The Employment Exchanges (Compulsory Notification of Vacancies) Act was enacted in 1959 to provide for compulsory notification of vacancies to the Employment Exchanges and for the rendition of returns relating to Employment situation by the employers. This act came into force with effect from 1st May, 1960.

All Establishments in Public Sector and such establishments in private Sector excluding Agriculture, where ordinarily 25 or more persons are employed come within the purview of the Act. These establishments are required to notify all vacancies (other than those exempted) to the appropriate Employment Exchange as notified in the official Gazette by the State Government in the prescribed format.
This Act will not apply to vacancies in any employment in agriculture (including horticulture), domestic service, unskilled office work , employment connected with the staff of parliament, and if the total duration of the vacancies are less than three months.

The establishments are also required to render quarterly Employment return in Form ERI for every quarter ending 31st, March, 30th June, 30th September and 31st December and biennial occupational return in Form ER-II once in two years viz., by Private Sector in odd years and by Public Sector in even years.

As per the provisions of this Act, persons authorized by the Government shall have access to any relevant records of the employer. They are also empowered to inspect or take copies of relevant records or document.

Penal provision of imposition of fine for any offence have been made for violation for various provisions of this act.

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES)* RULES 1960 (AS AMENDED UPTO DATE)**
In exercise of the powers conferred by section 10 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959), the Central Government hereby makes the following Rules, the same having been previously published as required by sub-section (1) of the said section, namely:-

Rules

1. Short title and commencement-


(1) These rules may be called the Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960.

(2) They shall come into force on the 1st day of May, 1960

2. Definitions:- In these rules, unless the context otherwise requires-

(1) "Act" means the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959).

(2) "Central Employment Exchange" means any Employment Exchange established by the Government of India, Ministry of Labour and Employment.

(3) "Director" means the officer-in charge of the Directorate Administering Employment Exchanges in a State or a Union territory.

(4) "Form" means a form appended to these rules.

(5) "Local Employment Exchange" means-

(a) in the whole of India except the Union Territory of Chandigarh that Employment Exchange (other than the Central Employment Exchange) notified in the official Gazette, by the State Government or the Administration of the Union Territory having jurisdiction over the area in which the establishment concerned is situated or over specified classes or categories of establishments or vacancies; and

(b) in the Union territory of Chandigarh that Employment Exchange established either by the Union Territory Administration Chandigarh or by the State Govt. of Punjab or Haryana notified in that States respective official Gazette as having jurisdiction over specified classes or categories of establishments or vacancies provided that the employment exchanges established by the State Government of Punjab or Haryana shall not have jurisdiction over

(i) The public sector offices/establishments other than those belonging. to the respective States; and

(ii) Private sector establishments.

(6) "Section" means a section of the Act.

3. Employment Exchanges to which vacancies are to be notified-

(i) The following vacancies, namely:-

(a) vacancies in posts of a technical and scientific nature carrying a basic spay of Rs.1400/- or more per month occurring in establishments in respect of which the Central Govt. the appropriate Govt. under the Act, and

(b) vacancies which an employer may desire to be circulated to the Employment Exchanges outside the State or Union Territory in which the establishment is situated. shall be notified to such Central Employment Exchanges as may be specified by the Central Govt. by notification in the Official Gazette, in this behalf.

(ii) Vacancies other than those specified in sub-rule(1) shall be notified to the local Employment Exchange concerned.

4. Form and manner of notification of vacancies:-

(1) The vacancies shall be notified in writing to the appropriate Employment Exchange on the following format, furnishing as may details as practicable, separately in respect of each type of vacancy:-

Requisition form to be used when calling for applicants from Employment Exchanges.(Separate form to be used for each type of posts)

1 Name, address and Tel.No. (if any) of the employer. : _______________________________

2 Name designation & Tel.No. (if any) of the indenting officer. : _______________________________

3 Nature of vacancy:

(a) Designation of the Post(s)to be filled. : _______________________________

(b) Description of duties : _______________________________

(c ) Qualifications required For priority For others Categories (applicable for Central Govt. Posts only).

(i) Essential

(ii) Desirable : _______________________________

(iii) Age limits, if any : ________________________________

(iv) Whether women are eligible? : ________________________________

3. Number of posts to be filled duration-wise:

Duration No. of posts

(a) Permanent : ________________________________

(b) Temporary : ________________________________

i) Less than 3 months : ________________________________

ii) Between 3 months & one year : ________________________________

iii) Likely to be continued beyond one year : ________________________________

5. Whether there is any obligation or arrangement for giving preference to any category of persons such as Scheduled Caste, Scheduled Tribe, Ex-Servicemen and Physically Handicapped persons in filling up the vacancies and, if so, the number of vacancies to be filled by such category of persons:-

Categories Number of vacancies to be filled Total *By priority candidates (applicable for Central Govt. posts only).

a)Scheduled Caste ________________________________

b)Scheduled Tribe _________________________________

c)Ex Servicemen _________________________________

d)Physically Handicapped __________________________________

e)Others __________________________________

6)Pay and Allowance __________________________________

7) Place of work (Name of the town/village and district in which it is situated). ______________________

8) Probable date by which the vacancy will be filled ______________________________________

9) Particulars regarding interview/test of applicants: ______________________________________

(a) Date of Interview/test _________________________________

(b) Time of interview/test _________________________________

(c) Place of interview/test _________________________________

(d) Name, designation, address And Tel.No., (if any) of the Officer to whom applicants should report :

_____________________________________________________________________________________________________

10) Any other relevant information : ____________________________

*Certified that while placing this demand, the instructions connected with the orders on communal representation in the services have been strictly followed with due regard to the roster maintained in accordance with these orders ( to be given only by all the Central Govt. Offices/establishments/undertakings, etc. on whom reservation orders are applicable).



Signature of the Head of Office.

Date:


*Delete if not applicable.

(2) The vacancies shall be re-notified in writing to the appropriate Employment Exchange if there is any change in the particulars already furnished to the Employment Exchange under sub-rule (1).

5.Time-limit for the notification of vacancies:-

(1) Vacancies required to be notified to the local Employment Exchange, shall be notified at least 15 days before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held.

(2) Vacancies required to be notified to the Central Employment Exchange shall be notified, giving at least 60 days time to the Central Employment Exchange from the date of receipt of the notification to the date of dispatch of particulars or applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies notified.

(3) An employer shall furnish to the concerned Employment Exchange, the results of selection with 15 days from the date of selection.

6.Submission of returns--An employer shall furnish to the local Employment Exchange quarterly returns in from ER-I and biennial returns in Form ER-II. Quarterly returns shall be furnished within thirty days of the due dates, namely, 31st March, 30th June, 30th Sept. and 31st December. Biennial returns shall be furnished within thirty days of the due date as notified in the official Gazette.

7.Officer for purposes of section 6- The Director is hereby prescribed as the Officer who shall exercise the rights referred to in section 6, or authorise any person in writing to exercise those rights.

8.Prosecution under the Act-The Director of Employment of the State in which the establishment is located is hereby prescribed as the officer who may institute or sanction the institution of prosecution for an offence under the Act, or authorize any person in writing to institute or sanction the institution of such prosecution.

(Vide GSR 236 1982)
FORM ER-I
Quarterly return to be submitted to the local Employment Exchanges for quarter
ended . . . . . . . . . . . . . . .

The following information is required under the Employment Exchanges (Compulsory Notification of Vacancies )Rules, 1960 to assist in evaluating trends in employment and for action to correct imbalances between and action to correct imbalances between labour supply and demand.

Name & Address of the Employer : __________________________________

Whether- Head Office : __________________________________

-Branch Office : __________________________________

Nature of business/Principal activity

1)(a) EMPLOYMENT
_____________________________________________________________________________________

Total number of persons including working proprietors/partners/Commission agents/contingent paid and contractual workers, on the pay rolls of the establishment excluding part-time workers and apprentices, (The figure should include every person whose wage or salary is paid by the establishment).

On the last working day of the previous quarter.On the last working day of the quarter under report.
MEN

WOMEN
TOTAL



b) Please indicate the main reasons for any increase or decrease in employment if the increase or decrease is more than 5% during the quarter.

NOTE: Establishments are reminded of their obligation under the Employment Exchanges(Compulsory Notification of Vacancies)Act for notifying to Employment Exchanges details of vacancies specified under the Act, before they are filled.

2.VACANCIES:

Vacancies carrying total emoluments of Rs.60/- or over per month and of over
three months duration.

2(a) Number of vacancies occurred and notified during the quarter and the number
filled during the quarter.

Number of vacancies which come within the purview of the Act
OccurredNotified
Local Emp. C.E.E
Exchange.
FilledSource (Describe the source
from which filled)
12             345

2(b) Reasons for not notifying all vacancies occurred during the quarter under report

vide 2(a) above_____________________________


3.MANPOWER SHORTAGES


Vacancies/posts unfilled because of shortage of suitable applicants.
Name of the Occupation or designation of the post. Number of unfilled vacancies/posts
Essential qualifications prescribed. Essential experience Experience not necessary
1 2 3 4

Please list any other occupations for which this establishment had recently any
difficulty in obtaining suitable applicants.


SIGNATURE OF EMPLOYER.



To
The Employment Exchange,
. . . . . . .. . . . . .. . . . .. .. . . . .
. . . . . . . . . . . . . .. . . . . . . . .
NOTE: This return shall relate to quarters ending 31st March/30th June/30th September and 31st December and shall be rendered to the local Employment Exchange within 30 days after the end of quarter concerned.


FORM ER-II
Occupational return to be submitted to the local Employment Exchange once in two
years(on a date to be specified by notification in the Official Gazette).

(Vide the Employment Exchanges(Compulsory Notification of Vacancies)Rules, 1960.
Name and address of the employer. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .

Nature of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Please describe what the establishment makes or does as its principal activity).

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

1) Total number of persons on the pay rolls of the establishment on (specified date) (This figure should include every person whose wage or salary is paid by the Establishment)

_____________________________________

2) Occupational classification of all employees as given in Item-1 above.
(Please give below the number of employees in each occupation separately).

Occupation Number of Employees
Men Women Total
1 2 3 4



Use exact terms such as Engineer(Mechanical), Teacher(domestic science), Officer on special duty(Actuary) Asst.Director(Metallurgist), Scientific asst.(Chemist), Research Officer(Economist), Instructor(Carpenter), Supervisor(Tailor), Fitter(internal combustion engine) Inspector(sanitary), Superintendent (office); Apprentice (Electrician) Please give as far as possible approximate No.of vacancies in each occupation you are likely to fill during the next calender year due to retirement, expansion or reorganization

Total:

Dated:




Signature of the Employer





To
The Employment Exchange
(Please fill in here the address of
your local Employment Exchange)







Note: Total of Col.4 under item 2 should correspond to the figure given against item-1.

*As published in the Gazette of India, Extra Ordinary pt.II Section 3 Sub-section (i) dated 26.4.1960.

**As Published in the Gazette of India, Part-II, Section sub-section (i) dated 6.3.63, 23.3.68, 4.12.76, 6.3.82, 2.2.85 and 27.7.87 under GSR-450, GSR-548, GSR-1718, GSR-133, GSR-236 and GSR-634 respectively.

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946


CONTENTS

Industrial Employment (Standing Orders) Act, 1946


Sections
Preamble
1
Short title, extent and application
2
Interpretation
3
Submission of draft standing orders
4
Conditions for certification of standing orders
5
Certification of standing orders
6
Appeals
7
Date of operation of standing orders
8
Register of standing orders
9
Posting of standing orders
10
Duration and modification of standing orders
10A
Payment of subsistence allowance
11
Certifying Officers and appellate authorities to have power of Civil Court
12
Oral evidence in contradiction of standing orders not admissible
12A
Temporary application of model standing orders
13
Penalties and procedure
13A
Interpretation, etc., of standing orders
13B
Act not to apply to certain industrial establishments
14
Power to exempt
14A
Delegation of powers
15
Power to make rules


Industrial Employment (Standing Orders)
Act, 1946
[Act No. 20 of 1946 1 As Amended by Acts Nos. 3 of 1951, 36 of 1956, 16 of 1961, 39 or 1963 2 , 51 of 1970 and 18 of 1982 3 ]

[23rd April, 1946]


An Act4 require employers in industrial establishments formally to define conditions of employment under them

Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them.

It is hereby enacted as follow :

1. Short title, extent and application.-

(1) This act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends 5
[the whole of India 6[* * *].]
7
[(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months:

Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of number of persons less than one hundred as may be specified in the notification :
8[* * * *]
9[ (4) Nothing in this Act shall apply to-

(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946, apply; or

(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 apply :

Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961, the provisions of this Act shall apply to all industrial establishments under the control of the Central Government .]

2. Interpretation.- In this Act, unless there is anything repugnant in the subject or context
10[(a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act :

Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963, that Court or authority shall be deemed to be the appellate authority:]

(b) “appropriate Government” means in respect of industrial establishments under the control of the Central Government or a 11[Railway administration] or in a major Port, mine or oil field, the Central Government, and in all other in all other cases the State Government :

12[Provided that where question arises as to whether any industrial establishment is under the control of the Central industrial establishment is under the control of the Central Government that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties :]

13[ (c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act:]

(d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes-

(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section 7 of the Factories Act,1948], as manager of the factory;

(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;

(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;

(e) “industrial establishment” means

(i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or

15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]

(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890, or

(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;

(f) “prescribed’ means prescribed by rules made by the appropriate Government under this Act ;

(g) “ standing orders” means rules relating to matters set out in the Schedule:

(h) “trade union” means a trade union for the time being registered under the Indian Trade Union Act, 1926;

16[(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]

3. Submission of draft standing orders.--

(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him
for adoption in this industrial establishment.

(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where Model standing orders have been prescribed shall be, so far as is practicable, in conformity with such model.

(3) The draft standing orders submitting under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.

(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section.

4. Conditions for certification of standing orders.--Standing orders shall be certifiable under this Act if--

(a) provision is made therein for every matter set out in the Schedule which is
applicable to the industrial establishment, and

(b) the standing orders are otherwise in conformity with the provisions of this Act ;
and it 17[shall be the function] of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders.

5. Certification of standing orders.--

(1) On receipt of the draft under Section3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, if any, of the workmen or where there is no trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.

(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly.

(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications there in which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.

6. Appeals.--

(1) 18[Any employer, workmen, trade union or other prescribed representatives of the workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of Section 5 may, within 19 [thirty days] from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions there to as it thinks necessary to render the standing orders certifiable under this Act.

(2) The appellate authority shall, within seven days of its order under sub-section (1) send copies thereof to the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders a certified by it and authenticated in the prescribed manner.

7. Date of operation of standing orders.-- Standing orders shall, unless an appeal is preferred under Section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of Section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under sub-section (2) of Section 6.

8. Register of standing orders. -- A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy there of to any person applying there for on payment of the prescribed fee.

9. Posting of standing orders.-- The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.

10. Duration and modification of standing orders.--

(1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen 20[or a trade union or other representative body of the workmen] be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came in to operation.

21[(2) Subject to the provisions of sub-section (1), an employer or workman 22[ or a trade union or other representative body of the workmen] may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of 23[***] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen 19[or a trade union or other representative body of the workmen], a certified copy of that agreement shall be filed along with the application.]

(3) The foregoing provisions of this Act shall apply in respect of an application under
sub-section (2) as they apply to the certification of the first standing orders.

24[(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.]

25[10A. Payment of subsistence allowance.--

(1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance-

(a) at the rate of fifty per cent of the wages which workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and

(b) at the rate of seventy-five per cent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.

(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.

(3) Not with standing anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.]

11. Certifying Officers and appellate authorities to have powers of Civil Court.-

(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths,, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within the meaning of [Sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)]26
27[(2) Clerical or arithmetical mistakes in any order passed by a Certifying officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that Officer or authority or the successor in office of such
officer or authority, as the case may be.]

12. Oral evidence in contradiction of standing orders not admissible.-- No oral evidence having the effect of adding to or otherwise varying or contradicting standing orders finally certified under this Act shall be admitted in any Court.

28[12A. Temporary application of model standing orders.--
(1) Notwithstanding anything contained in Sections to12, for the period commencing on the date on which
this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this Act come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of Section 9, sub-section (2) of Section 13 and Section 13-A shall apply to such model standing orders as they apply to the standing orders so certified.

(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.]

Section 12-A.-- Where there are two categories of workmen, one in respect of the daily rated workmen and the other in respect of the monthly rated workmen, if there are certified standing orders in respect of the daily rated workers only, the prescribed model standing orders should be deemed to have been adopted for those who are employed on the monthly basis until such categories have their own certified standing orders,

13. Penalties and procedure.--

(1) An employer who fails to submit draft standing orders as required by Section 3 or who modifies his standing orders otherwise than in accordance with Section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.

(2) An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.

(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.

(4) No Court inferior to that of
29[a Metropolitan or Judicial Magistrate of the second
class] shall try any offence under this section.

30[13A. Interpretation, etc., of standing orders.--If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman [or a trade union or other representative body of the workmen]31 may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act,. 1947, and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.

13-B. Act not to apply to certain industrial establishments.-- Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal)Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defense Service Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations than may be notified in this behalf by the appropriate Government in the Official Gazette, apply.]

14. Power of exempt.--The appropriate Government may by notification in the Official Gazette exempt, conditionally or unconditionally any industrial establishment or class of industrial establishments from all or any of the provisions of this Act.

32[14-A. Delegation of powers.-- The appropriate Government may by notification in the Official Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in relation to such matters and subject to such conditions, if any,
as may be specified in the direction, be exercisable also-

(a) Where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification;

(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government, as may be specified in the notification.]

15. Power to make rules.--

(1) The appropriate Government may after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such
rules may--

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) Prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed;

Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government. 33[(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 34[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.]


THE SCHEDULE
[See Sections 2 (g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER
THIS ACT

1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.

2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.

3. Shift working.

4. Attendance and late coming.

5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays.

6. Requirement to enter premises by certain gates, an liability to search.

7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of he employer and workmen arising there from.

8. Termination of employment, and the notice thereof to be given by employer and workmen.

9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.

10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.

11. Any other matter which may be prescribed.



1 For Statement of Objects and Reasons, see Gaz., of India, 1946, Pt. V, pp. 179 & 180
2 Came into force w.e.f. 23-12-1963, vide Noti. No. S.O., 3594 dt. 23-12-1963
3 Came into force w.e.f. 17.5.1982 vide Noti. No. S.O. 326 (E) dated 17-5-1982 (1982 CCL-III-146)
4 History of the Act.- The Act has been amended by the Indian Independence (Adaptation of Central Acts and Ordinances ) Order, 1943; The A.O. 1950; Act 3 of 1951; Act 36 of 1956; Act 16 of 1961; Act 39 of 1963; 51 of 1970 and 18 of 1982,
Object of the Act.- That the object of the Act is to have uniform Standing Orders providing for the matters enumerated in the Schedule to the Act, that it was not intended that there should be different conditions of service for those who are employed before and those employed after the Standing Orders came into force and finally, once the Standing Orders come into the force, they bind all those presently in the employment of the concerned establishment as well as those who are appointed thereafter. Agra Electric Supply Co. Ltd. v. Aladdin, (1969) 2 SCC 598; U.P. Electric Supply Co. Ltd. v. Their Workman, (1972) 2 SEC 54.
5 Subs. by the A.O. 1950, for “all the Provinces of India”
6 Omitted by Act No. 51 of 1970.
7 Subs. by Act No. 16 of 1961, S. 2 for sub-section (3)
8 The 2nd proviso to sub-section (3) omitted by Act No. 39 of 1963
9 Added by ibid
10 Subs. by Act No. 39 of 1963
11 Subs. by the A.O. 1950, for “Federal railway”.
12 Ins. by Act No. 18 of 1982 (w.e.f. 17-5-1982
13 Subs. by Act No. 16 of 1961, S. 3, for cl. (c).
14 Subs. by S. 3, ibid, for “cl. (e) of sub- section (1) of S. 9, the Factories Act, 1934”.
15 Subs. by Act No. 16 of 1961, S. 3, for sub clause (ii)
16 Subs by Act No. 18 of 1982 (w.e.f. 17-5-1982).
17 Subs, by Act No. 36 of 1956, S. 32, for ‘shall not be the function”. (w.e.f. 17-9-1956),
18 Subs, by Act No. 18 of 1982 (w.e.f. 17-5-1982).
19 Subs, by Act No. 1 of 1961, s. 4, for twenty-one days”.
20 Ins. by Act No.18 of 1982 (w.e.f.17-5-1982).
21 Subs, by Act No. 36 of 1956, S. 32, for the original sub-section (w.e.f. 17-9-956).
22 Ins. by Act No.18 of 1982 (w.e.f.17-5-1982).
23 Omitted by Act No. 39 of 963.
24 Added by ibid.
25 Ins. by Act No. 18 of 1982 (w.e.f. 17-5-1982).
26 Added by ibid.
27 The original S. 11 renumbered as sub-section (1) and sub-section (2) added by Act No. 39 of 1963
28 Added by Act No. 39 of 1963.
29 Sub., by Act no. 18 of 1982 (w.e.f. 17-5-1982)
30 Ins. by Act No. 36 of 1956, S. 32 (w.e.f. 10.3.1957).
31 Ins. by Act No.18 of 1982 (w.e.f. 17-5-1982).
32 Ins. by Act No. 16 of 1961, S. 5, and sub. by Act No. 39 of 1963.
33 Ins.by S. 6 of Act No. 16 of 1961.
34 Sub. By Act No. 18 of 1982 (w.e.f. 17-5-1982).




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